Suspect's right to remain silent ignored, his attorney says

DIXON – A lawyer for a Lee County man accused of raping a girl younger than 13 is arguing that his client’s right to remain silent was violated during interrogation, and so his statements should be tossed.

Lee County Judge Ronald Jacobson is expected to deliver a decision April 18 on the motion to suppress statements made by Jordan M. LeMay, 21.

LeMay, of Ashton, is charged with three counts of predatory criminal sexual assault of a child, punishable by 6 to 30 years in prison.

Dixon police were called about the assault in December 2009, and LeMay was arrested July 1, 2010. Police say LeMay raped the girl in summer 2009.

Lee County Public Defender Douglas Lathe filed the motion to suppress Wednesday. In it, he argues that when LeMay was interrogated by Dixon police the day of his arrest, he said, “I’m not saying a word,” about 2 hours into the 9-hour interview.

This statement was “an unequivocal exercise of his right to remain silent,” but “both interviewing officers ignored LeMay’s demand to exercise his right to remain silent, and continued the interview, ultimately eliciting incriminating statements” from LeMay, the motion says.

The obtaining of the statements after LeMay invoked his right to remain silent violated his Fifth and 14th amendment rights, the motion said.